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(영문) 광주지방법원 2017.07.20 2017고단2297
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 24, 2009, the Defendant was sentenced by the Gwangju District Court to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), and a fine of four million won for the same crime from the same court on March 6, 2013, respectively.

[Criminal facts] On May 25, 2017, the Defendant driven a B SP car at approximately 6km from the front of the road in front of the Gwangju Mine-ro 175 (Completion Dong-dong) in the direction of alcohol concentration of 0.133% in blood around May 25, 2017 to the road front of the Gwangju Northern-ro 294 (melting Dong-dong), while under the influence of alcohol concentration of 0.13% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of all the factors indicated in the arguments of this case, including the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.

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